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Introduction
These Pilot Program Terms of Service (“Pilot Terms”) govern participation in the OnEveryMap Pilot Program (“Pilot”) offered by Marketing Bear Co., Ltd. (“Marketing Bear,” “Company,” “we,” “us,” or “our”) to selected businesses and agencies (“Client” or “you”).
The Pilot Program is a limited, invitation-only offering designed to allow selected Clients to evaluate the OnEveryMap platform with a defined subset of business locations under commercially preferential terms that form part of a standard paid subscription.
These Pilot Terms supplement and form part of the OnEveryMap Terms of Service (“TOS”) and the Master Service Level Agreement (“MSLA”), both published on the Company’s Legal Hub.
1. Nature of the Pilot Program
The Pilot Program is structured as a standard paid OnEveryMap subscription that may include commercial concessions such as:
- a free access period
- reduced subscription fees
- service credits
- phased pricing
- or other promotional terms
as agreed in writing prior to Pilot commencement.
The Client enters into a binding commercial subscription from the Pilot start date, with valid payment details provided at onboarding. Charges shall commence automatically in accordance with the agreed commercial terms unless the Client validly exercises its KPI-based early termination right under Section 6.
The Pilot Program is not a free trial. It is a commercial evaluation arrangement with a conditional early exit right based solely on KPI performance.
2. Pilot Structure and Duration
The Pilot Program may include one or more of the following phases, depending on the agreed commercial structure:
a) Preferential Pricing Phase
A defined introductory period during which the Client is granted access to the OnEveryMap platform under preferential commercial terms, which may include free access, discounted fees, or service credits.
b) Standard Subscription Phase
A standard paid subscription period that begins immediately after the preferential pricing phase, unless the Client validly terminates under Section 6.
The total Pilot term, the applicable commercial concessions, the subscription pricing, and all commercial conditions shall be specified in a Pilot Agreement, Quotation, or other written confirmation between the parties (including email).
3. Scope of Access
During the Pilot, the Client shall be granted access to the highest available OnEveryMap package offered in the Client’s region at the time of the Pilot, unless otherwise agreed in writing.
Pilot access shall be limited to:
- A defined number of business locations
- A defined set of platform features
- Any additional services explicitly confirmed in writing
The scope of access, supported features, and number of locations included in the Pilot shall be confirmed in writing prior to Pilot commencement.
Marketing Bear reserves the right to adjust technical configurations, feature availability, or service parameters during the Pilot as part of product improvements or operational requirements, provided such changes do not materially reduce core Pilot functionality.
4. Onboarding and Support
Marketing Bear shall provide standard onboarding and support services during the Pilot in accordance with the OnEveryMap Terms of Service and the Master Service Level Agreement.
Support during the Pilot shall be provided on a commercially reasonable basis and shall not be interpreted as unlimited consulting or professional services unless explicitly agreed in writing.
5. Subscription Fees and Billing
The Client enters into a paid OnEveryMap subscription from the Pilot start date, subject to any agreed commercial concessions.
The applicable subscription pricing, billing frequency, any free access periods, discounted rates, service credits, or phased pricing shall be specified in a Pilot Agreement, Quotation, or other written confirmation between the parties (including email).
The Client authorizes Marketing Bear to store valid payment details at onboarding and to automatically charge the applicable subscription fees in accordance with the agreed commercial terms, unless the Client validly terminates under Section 6.
All fees shall be invoiced and charged in accordance with the payment terms set out in the OnEveryMap Terms of Service.
Failure to pay any applicable subscription fees when due may result in suspension or termination of Pilot access and/or the subscription.
6. Early Termination Right Based on KPI Performance
6.1 KPI-Based Exit Right
The Client may terminate the Pilot Program without further payment obligation only if Marketing Bear fails to achieve the KPIs that were mutually agreed in writing prior to Pilot commencement.
The applicable KPIs, measurement methodology, evaluation period, and success thresholds shall be specified in a Pilot Agreement, Quotation, or other written confirmation between the parties (including email).
If the KPIs are not achieved, the Client may terminate the subscription by providing written notice within ten (10) business days after receipt of the KPI evaluation results.
6.2 Automatic Continuation of Paid Subscription
If the agreed KPIs are achieved, the subscription shall continue automatically as a standard paid OnEveryMap subscription under the commercial terms specified in a Pilot Agreement, Quotation, or other written confirmation between the parties (including email).
No additional signature, conversion step, or contract execution shall be required.
6.3 No Termination for Convenience
Except as expressly set out in Section 6.1, the Client shall not have the right to terminate the Pilot Program or subscription for convenience prior to the end of the agreed Pilot term.
7. Client Obligations
During the Pilot, the Client agrees to:
- Provide accurate and complete business data
- Cooperate in onboarding, configuration, and KPI tracking
- Designate a primary point of contact for Pilot coordination
- Use the platform in good faith for genuine evaluation purposes
- Refrain from any misuse, reverse engineering, or competitive analysis of the platform
Failure to comply with these obligations may result in suspension or termination of Pilot access and/or the subscription.
8. Marketing References and Case Study Use
Unless otherwise agreed in writing, the Client grants Marketing Bear a non-exclusive, royalty-free right to:
- Reference the Client’s business name and logo
- Describe the Client’s participation in the Pilot
- Publish a general case study describing Pilot objectives, activities, and results
for marketing, sales, and promotional purposes.
Where the Pilot is offered on a preferential or discounted basis, the Client agrees to provide:
- Reasonable written feedback on platform performance
- A short testimonial or reference quote (subject to Client approval of final wording)
Any opt-out request regarding marketing references must follow the process set out in the OnEveryMap Terms of Service.
9. Governing Terms
These Pilot Program Terms supplement the OnEveryMap Terms of Service and the Master Service Level Agreement.
In the event of conflict, the following order of precedence shall apply solely for matters relating to the Pilot:
- Any Pilot Agreement, Quotation, or other written confirmation between the parties (including email)
- These Pilot Program Terms
- The OnEveryMap Terms of Service
- The Master Service Level Agreement
Confidentiality, data handling, and security obligations shall be as set out in the OnEveryMap Terms of Service and the MSLA.
Limitation of liability and any exclusions of damages shall be as set out in the OnEveryMap Terms of Service.
Governing law, jurisdiction, and dispute resolution shall be as set out in the OnEveryMap Terms of Service.
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